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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicalsnote, and in particular Article 23(4) thereof,Whereas:
(1)Regulation (EU) No 649/2012 implements the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (‘the Rotterdam Convention’) signed on 11 September 1998 and approved, on behalf of the Union, by Council Decision 2003/106/ECnote.
(2)The Commission has adopted Implementing Regulations under Regulation (EC) No 1107/2009 of the European Parliament and of the Councilnote to not approve, or to not renew the approval of, the substances amitrole, beta-cypermethrin, DPX KE 459 (flupyrsulfuron-methyl), iprodione, linuron, orthosulfamuron, picoxystrobin and triasulfuron. In consequence, those substances are banned within the Union in the use category ‘pesticides’ and should therefore be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(3)The Commission has adopted an Implementing Regulation under Regulation (EC) No 1107/2009 to not renew the approval of the active substance isoproturon. In consequence, even though isoproturon has been identified and notified for evaluation under Regulation (EU) No 528/2012 of the European Parliament and of the Councilnote for product-types 7 and 10 and may therefore continue to be authorised by Member States until a decision is taken under that Regulation, the fact remains that virtually all use of it as a pesticide is prohibited. As a result, it is severely restricted within the Union in the use category ‘pesticides’ and should therefore be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(4)The active substance maneb was previously approved under Regulation (EC) No 1107/2009. An application was then submitted to renew that approval, but the supplementary dossier in support of renewal was not submitted. Consequently, the approval expired. As a result, maneb is banned within the Union in the use category ‘pesticides’ and should therefore be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(5)The active substance fipronil was previously approved under Regulation (EC) No 1107/2009. An application was then submitted to renew that approval, but the supplementary dossier in support of renewal was not submitted. Consequently, the approval expired. As a result, even though fipronil is approved under Regulation (EU) No 528/2012 for product-type 18, the fact remains that virtually all use of it as a pesticide is prohibited. Therefore, fipronil is severely restricted within the Union in the use category ‘pesticides’ and should be added to the lists of chemicals in Parts 1 and 2 of Annex I to Regulation (EU) No 649/2012.
(6)At its eighth meeting held from 24 April to 5 May 2017, the Conference of the Parties to the Rotterdam Convention decided to include carbofuran, trichlorfon and short-chain chlorinated paraffins in Annex III to the Convention, with the effect that those chemicals became subject to the prior informed consent procedure under that Convention. Those changes should therefore be reflected in the lists of chemicals in Parts 1, 2 and 3 of Annex I to Regulation (EU) No 649/2012 by adding carbofuran, trichlorfon and short-chain chlorinated paraffins to the list in Part 3 and removing carbofuran and trichlorfon from the list in Part 2 and by making consequential changes to Part 1.
(7)Tributyltin compounds were included in Annex III to the Rotterdam Convention in the use category ‘pesticide’ following a decision taken at the fourth Conference of the Parties in 2008. At its eighth meeting held from 24 April to 5 May 2017, the Conference of the Parties decided to include tributyltin compounds in Annex III in the use category ‘industrial’, with the effect that tributyltin compounds became subject to the prior informed consent procedure under that Convention in the use category ‘industrial’ too. That change, together with changes to the regulatory status of tributyltin compounds under Regulation (EC) No 1907/2006 of the European Parliament and of the Councilnote that were made after tributyltin compounds were listed in Annex I to Regulation (EU) No 649/2012, should be reflected in the lists of chemicals in Parts 1 and 3 of Annex I to Regulation (EU) No 649/2012.
(8)At its eighth meeting held from 24 April to 5 May 2017, the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (‘the Stockholm Convention’), which was approved by Council Decision 2006/507/ECnote, decided to include short-chain chlorinated paraffins in Annex A to the Stockholm Convention. In order to implement the Stockholm Convention and considering that those substances are already listed in Part B of Annex I to Regulation (EC) No 850/2004 of the European Parliament and of the Councilnote, they should be added to Part 1 of Annex V to Regulation (EU) No 649/2012.
(9)Regulation (EU) 2017/852 of the European Parliament and of the Councilnote modifies the rules on the export of mixtures of metallic mercury with other substances with a mercury concentration of less than 95 %, and of certain mercury compounds. Those changes should be reflected in the existing entries in Part 2 of Annex V to Regulation (EU) No 649/2012 for mercury compounds and mixtures of metallic mercury with other substances with a mercury concentration of less than 95 %.
(10)Regulation (EU) No 649/2012 should therefore be amended accordingly.
(11)It is appropriate to provide a reasonable period of time for interested parties to take the measures necessary to comply with this Regulation and for Member States to take the measures necessary to implement it,
HAS ADOPTED THIS REGULATION:
Article 1#
Regulation (EU) No 649/2012 is amended as follows:
(a)Annex I is amended in accordance with Annex I to this Regulation;
(b)Annex V is amended in accordance with Annex II to this Regulation.
Article 2#
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.It shall apply from 1 May 2019.
Annex I
(1)the list of chemicals in Part 1 is amended as follows:
(a)the entry for carbofuran is replaced by the following entry:Chemical | CAS No | Einecs No | CN code (***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredCarbofuran (#) | 1563-66-2 | 216-353-0 | ex29329900 | p(1) | b |
(b)the entry for tributyltin compounds is replaced by the following entry:Chemical | CAS No | Einecs No | CN code (***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredAll tributyltin compounds, including: | | | ex29312000 | p(1)-p(2)i(1)-i(2) | b-bsr-sr |Tributyltin oxide | 56-35-9 | 200-268-0 | ex29312000Tributyltin fluoride | 1983-10-4 | 217-847-9 | ex29312000Tributyltin methacrylate | 2155-70-6 | 218-452-4 | ex29312000Tributyltin benzoate | 4342-36-3 | 224-399-8 | ex29312000Tributyltin chloride | 1461-22-9 | 215-958-7 | ex29312000Tributyltin linoleate | 24124-25-2 | 246-024-7 | ex29312000Tributyltin naphthenate (#) | 85409-17-2 | 287-083-9 | ex29312000
(c)the entry for trichlorfon is replaced by the following entry:Chemical | CAS No | Einecs No | CN code (***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredTrichlorfon (#) | 52-68-6 | 200-149-3 | ex29313990 | p(1)-p(2) | b-b |
(d)the following entries are added:Chemical | CAS No | Einecs No | CN code (***) | Subcategory (*) | Use limitation (**) | Countries for which no notification is requiredAmitrole (+) | 61-82-5 | 200-521-5 | ex29339980 | p(1) | b |Beta-cypermethrin (+) | 65731-84-2 | 265-898-0 | ex29269070 | p(1) | b |DPX KE 459 (flupyrsulfuron-methyl) (+) | 150315-10-9144740-54-5 | n.a. | ex29359090 | p(1) | b |Fipronil (+) | 120068-37-3 | n.a. | ex29331990 | p(1) | b |Iprodione (+) | 36734-19-7 | 253-178-9 | ex29332100 | p(1) | b |Isoproturon (+) | 34123-59-6 | 251-835-4 | ex29242100 | p(1) | b |Linuron (+) | 330-55-2 | 206-356-5 | ex29280090 | p(1) | b |Maneb (+) | 12427-38-2 | 235-654-8 | ex38249993 | p(1)-p(2) | b-b |Orthosulfamuron (+) | 213464-77-8 | n.a. | ex29335995 | p(1) | b |Picoxystrobin (+) | 117428-22-5 | n.a. | ex29333999 | p(1) | b |Triasulfuron (+) | 82097-50-5 | n.a. | ex29359090 | p(1) | b |
(2)the list of chemicals in Part 2 is amended as follows:
(a)the entry for carbofuran is deleted;
(b)the entry for trichlorfon is deleted;
(c)the following entries are added:Chemical | CAS No | Einecs No | CN code (***) | Category (*) | Use limitation (**)Amitrole | 61-82-5 | 200-521-5 | ex29339980 | p | bBeta-cypermethrin | 65731-84-2 | 265-898-0 | ex29269070 | p | bDPX KE 459 (flupyrsulfuron-methyl) | 150315-10-9144740-54-5 | n.a. | ex29359090 | p | bFipronil | 120068-37-3 | n.a. | ex29331990 | p | srIprodione | 36734-19-7 | 253-178-9 | ex29332100 | p | bIsoproturon | 34123-59-6 | 251-835-4 | ex29242100 | p | srLinuron | 330-55-2 | 206-356-5 | ex29280090 | p | bManeb | 12427-38-2 | 235-654-8 | ex38249993 | p | bOrthosulfamuron | 213464-77-8 | n.a. | ex29335995 | p | bPicoxystrobin | 117428-22-5 | n.a. | ex29333999 | p | bTriasulfuron | 82097-50-5 | n.a. | ex29359090 | p | b
(3)the list of chemicals in Part 3 is amended as follows:
(a)the entry for tributyltin compounds is replaced by the following entry:Chemical | CAS No | HS codePure substance (**) | HS codeMixtures containing substance (**) | CategoryAll tributyltin compounds, including: | | ex 2931.20 | 3808.59 | PesticideIndustrialTributyltin oxide | 56-35-9 | ex 2931.20Tributyltin fluoride | 1983-10-4 | ex 2931.20Tributyltin methacrylate | 2155-70-6 | ex 2931.20Tributyltin benzoate | 4342-36-3 | ex 2931.20Tributyltin chloride | 1461-22-9 | ex 2931.20Tributyltin linoleate | 24124-25-2 | ex 2931.20Tributyltin naphthenate (#) | 85409-17-2 | ex 2931.20
(b)the following entries are added:Chemical | Relevant CAS number(s) | HS codePure substance (**) | HS codeMixtures containing substance (**) | CategoryCarbofuran | 1563-66-2 | ex 2932.99 | 3808.913808.59 | PesticideTrichlorfon | 52-68-6 | ex 2931.39 | 3808.91 | PesticideShort-chain chlorinated paraffins | 85535-84-8 | ex 3824.99 | | Industrial
Annex I to Regulation (EU) No 649/2012 is amended as follows:
Annex II
(1)in the list in Part 1, the following entry is added:Description of chemicals/article(s) subject to export ban | Additional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)| Short-chain chlorinated paraffins | EC No 287-476-5CAS No 85535-84-8CN code 38249992
(2)Part 2 is replaced by the following:‘PART 2Chemicals other than persistent organic pollutants as listed in Annexes A and B to the Stockholm Convention on Persistent Organic Pollutants according to the provisions thereof.NoDescription of chemicals/article(s) subject to export banAdditional details, where relevant (e.g. name of chemical, EC No, CAS No, etc.)1Cosmetic soaps containing mercuryCN codes 34011100, 34011900, 34012010, 34012090, 340130002Metallic mercury and mixtures of metallic mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % by weightCAS RN 7439-97-6EC No 231-106-7CN code 2805403The following mercury compounds except where they are exported for laboratory-scale research or laboratory analysis:
—Cinnabar ore;
—Mercury (I) chloride (Cl2Hg2);
—Mercury (II) oxide (HgO);
—Mercury sulphide (HgS).
CAS RNs 10112-91-1, 21908-53-2, 1344-48-5EC Nos 233-307-5, 244-654-7, 215-696-3CN codes ex28521000, ex285290004All mixtures of metallic mercury with other substances, including alloys of mercury, not covered by entry 2 and all mercury compounds not covered by entry 3, if the export of that mixture or compound is for the purpose of reclaiming metallic mercuryIncluding:Mercury(I) sulphate (Hg2SO4, CAS RN 7783-36-0), mercury(II) thiocyanate (Hg(SCN)2, CAS RN 592-85-8), mercury(I) iodide (Hg2I2, CAS RN 15385-57-6)CN codes ex28521000, ex28529000’
Annex V to Regulation (EU) No 649/2012 is amended as follows:
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